Jury Waivers As An Alternative To Arbitration Clauses

Law360 (March 14, 2007, 12:00 AM EDT) -- In recent years, courts have frequently been asked to rule on the enforceability of a party’s contractual waiver of its right to a jury trial.

This has spawned discussions among courts and commentators alike regarding whether such provisions are enforceable, whether they are a good alternative to arbitration provisions, and whether they are the “future” alternative to more traditional litigation.

This paper discusses these issues and others associated with contractual jury waivers.

Historically, arbitration has been the established alternative to traditional litigation and thus the established way to avoid a jury trial. Indeed, arbitration is a well-established practice in many businesses...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!